LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Constitutional Interpretation — Presumption Against Unconstitutionality — Construction Preferring Consistency
PRINCIPLE STATEMENT
An intention to legislate in contravention of the Constitution should not be imputed to the law-maker. Where an enactment can be construed and operate so as not to be inconsistent with the Constitution, such construction should be preferred.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Okeahialam & Anor v. Nwamara & Ors (2003) NLC-1961999(SC) at pp. 5–6; Paras E–A.
"An intention to legislate in contravention of the Constitution should not be imputed to the law-maker. Where an enactment can be construed and can operate as not to be inconsistent with the Constitution, such construction and manner of operation should be preferred to any other construction that would lead to inconsistency."
EXPLANATION / SCOPE
Courts presume that the legislature did not intend to violate the Constitution. The principle applies to constitutional interpretation. If possible, statutes should be construed constitutionally. The rule preserves the validity of legislation. The court will adopt a consistent construction where available. The principle is fundamental.
